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2014 Elk River chemical spill

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2014 Elk River chemical spill
The Elk River in Charleston, photographed in 2001.
DateJanuary 9, 2014 (2014-01-09)
LocationFreedom Industries Charleston facility
Charleston, West Virginia, United States
CauseRelease of up to 7,500 US gallons (28,000 litres; 6,200 imperial gallons) of crude 4-Methylcyclohexanemethanol into the Elk River
ParticipantsFreedom Industries
West Virginia American Water
OutcomeUp to 300,000 residents within nine counties in the Charleston, West Virginia metropolitan area were without access to potable water
Non-fatal injuries122+ affected
5 hospitalized

The Elk River chemical spill occurred on January 9, 2014 when crude 4-Methylcyclohexanemethanol (MCHM) was released from a Freedom Industries facility into the Elk River, a tributary of the Kanawha River, in Charleston in the U.S. state of West Virginia. The chemical spill occurred upstream from the principal West Virginia American Water intake and treatment and distribution center. Following the spill, up to 300,000 residents within nine counties in the Charleston, West Virginia metropolitan area were without access to potable water. The areas affected were Boone, Clay, Jackson, Kanawha, Lincoln, Logan, Putnam, and Roane counties and the Culloden area of Cabell County. Crude MCHM is a chemical foam used to wash coal and remove impurities that contribute to pollution during combustion.

Freedom Industries

Freedom Industries was founded in 1992 by Gary Southern, and Carl L. Kennedy II. On December 31, 2013, Freedom Industries merged with three other companies, Etowah River Terminal, Poca Blending, and Crete Technologies.[1] Southern remains as president of the newly formed company.[1] The company distributes chemicals used in coal mining[1] and is a distributor for Georgia-Pacific.[2]

Freedom Industries stored chemicals in 14 storage tanks along the Elk River, approximately 1.5 miles (2.4 km) upstream from the river's confluence with the Kanawha River in Charleston.[3] Freedom Industries' Charleston branch was responsible for the following chemical spill.[1] Eastman Chemical Company was the manufacturer of the crude MCHM.[4] Freedom Industries did not conduct coal cleaning at its Charleston facility along the Elk River, which consisted of a tank farm for storage purposes.[5]

Under the federal Emergency Planning and Community Right-to-Know Act, Freedom Industries filed its "Tier Two" form in February 2013, which contained detailed information about each chemical it was storing at its Charleston facility.[6] Following its filing of the "Tier Two" form, West Virginia state emergency response officials and Kanawha County emergency planners and responders received copies.[6] These entities received copies of the form under law so that its chemical inventory information could be utilized to prepare plans for possible accidents.[6]

4-Methylcyclohexanemethanol

Chemical structure (pictured) of 4-Methylcyclohexanemethanol.

4-Methylcyclohexanemethanol (MCHM), or more appropriately 4-methylcyclohexylmethanol, is an organic compound with the formula CH3C6H10CH2OH. Classified as an alcohol, it exists as two isomers with similar properties. MCHM is a colorless oil with a faint mint-like[7] odor of licorice.[8] Like other octanols, the compound is only slightly soluble in water but highly soluble in many organic solvents. MCHM has been produced and used as "a solvent for cellulose esters and cellulose ethers and for lacquers resins, oils, and waxes, an antioxidant for lubricants, and a blending agent for special textile soaps."[9]

Crude MCHM is a chemical foaming agent utilized in the processing of coal at coal preparation plants to remove impurities that contribute to pollution during combustion.[4][10][11][12] The chemical washes coal in a process known as "froth flotation," which involves the separation of sand-size particles of coal from the surrounding rock within a tank of water or other solution.[12] MCHM is utilized in about 20 to 25 percent of coal preparation plants in West Virginia.[12] MCHM is not used in the majority of West Virginia's coal preparation plants as it is only used to produce coal for metallurgical purposes, a type of coal known as "coking coal" or coke, and most West Virginia plants process coal that is to be used for the generation of electricity.[12] Diesel fuel was originally used for the froth flotation process, but it was replaced by MCHM due to air emissions regulations.[12]

Incident

Charleston's downtown skyline (pictured) viewed from the south bank of the Kanawha River, of which the Elk River is a tributary.

The spill began on January 9, 2014 when up to 7,500 US gallons (28,000 litres; 6,200 imperial gallons) of crude MCHM leaked from a one-inch hole in the bottom of a stainless steel storage tank capable of holding 40,000 US gallons (150,000 litres; 33,000 imperial gallons) and its containment area at Freedom Industries' Charleston facility.[10][11][13] The MCHM leaked from the containment area and into the ground, through which it traveled into the Elk River.[14] The chemical spill occurred 1 mile (1.6 km) upstream from West Virginia American Water's drinking water intake and treatment and distribution center.[10][13][14][15] The Elk River measured approximately 7 feet (2.1 m) in depth at the time of the spill.[5]

The spill was noticed around mid morning on January 9 by several Charleston area residents when they began to notice a "sweet smell" in the air.[1][10][13][14] Two Freedom Industries employees noticed leakage from the tank into the containment area around 10:30 a.m. on January 9.[3][13] According to the company's president Gary Southern, workers began cleanup immediately by hauling away the remaining MCHM in the storage tank and vacuuming the spilled MCHM from the ground nearby.[3][11][13] The West Virginia Department of Environmental Protection, whose inspectors discovered the leak at 11:10 a.m. in response to residents' complaints about the odor,[3] contradicted Southern's claim. When the department's inspectors arrived at the facility, they witnessed the MCHM leaking through a concrete block containment dike with no cleanup or containment measures underway.[3][16] The West Virginia Department of Environmental Protection and the Kanawha County Fire Department had been able to locate the origin of the leak by tracing the smell.[13][14] At the time of the leak's discovery by the inspectors, the damaged storage tank contained about 30,000 US gallons (110,000 litres; 25,000 imperial gallons) of MCHM.[16]

West Virginia American Water did not detect the chemical in its water, but by 4 p.m., its carbon filtration system could no longer handle the large amount of contamination in the water and the chemical began flowing through the carbon filter.[5][12] West Virginia American Water concluded that its tap water was unsafe for use and instructed its customers to cease using its tap water at 5:45 p.m.[10][13] Freedom Industries failed to contact West Virginia American Water following the spill, and West Virginia American Water was instead notified by the West Virginia Department of Environmental Protection.[5]

Freedom Industries denied initial media inquiries following the spill.[1] The company's president Gary Southern gave a ten minute news conference on the evening of January 10.[1]

Counties (pictured) in West Virginia affected by the 2014 Elk River chemical spill.

Residents were advised not to drink, bathe, or wash with West Virginia American Water tap water; up to 300,000 were affected.[10][11][17] The area affected spanned nine counties within the Charleston, West Virginia metropolitan area.[10] The areas affected included Boone, Clay, Jackson, Kanawha, Lincoln, Logan, Putnam, and Roane counties and in the Culloden area of Cabell.[10][17] The majority of Cabell County was unaffected as its public water system came from the Ohio River, and some residents in Lincoln and Putnam counties were not affected by the water ban as they were served by local public water systems.[15]

The West Virginia Department of Health and Human Resources stated that 122 people had sought treatment by January 11 for symptoms including nausea and vomiting.[11][18] Of those 122 people, four people had been admitted to the Charleston Area Medical Center and one at another area hospital for observation with symptoms of nausea.[3][11][18] By that evening of January 10, nearly 700 residents had contacted West Virginia's poison control center, reporting a range of symptoms including nausea and rashes.[14]

By 1 p.m. on January 10, the foul sweet-smelling odor was no longer detectable, according to West Virginia National Guard Adjutant, Major General James Hoyer.[5]

On January 11, West Virginia Department of Environmental Protection's chief of homeland security and emergency response, Mike Dorsey, stated that 7,500 US gallons (28,000 litres; 6,200 imperial gallons) of MCHM had spilled into the river, 2,500 US gallons (9,500 litres; 2,100 imperial gallons) more than had previously been estimated.[18]

Government response

File:Earl Ray Tomblin WV.png
West Virginia Governor Earl Ray Tomblin (pictured)

On January 9, West Virginia Governor Earl Ray Tomblin declared a state of emergency, and activated the West Virginia National Guard.[10] Governor Tomblin ordered residents within the spill's affected areas to "continue to refrain from using the water for drinking, cooking, cleaning, bathing and washing."[10] United States President Barack Obama further declared the chemical spill a Federal state of emergency on January 9.[3][10][13] Following the President's declaration, the Federal Emergency Management Agency (FEMA) was directed to provide both assistance on the ground and federal funding for the state's emergency management efforts.[10][13]

FEMA and the West Virginia National Guard distributed bottled water to the nine affected counties.[10] The West Virginia Bureau of Public Health and the West Virginia National Guard began working on a "long-term" plan to ensure the availability of water and food supplies for residents in the affected areas.[17] The West Virginia National Guard also provided potable water in tankers.[3] On January 10, FEMA had sent 75 trucks, each carrying about 4,900 US gallons (19,000 litres; 4,100 imperial gallons) of water.[13] By the morning of January 11, the United States Department of Homeland Security had sent 16 tractor trailers of bottled water to 16 distribution centers around the Charleston metropolitan area.[13] At a news conference on January 11, FEMA officials announced that they had already brought approximately 370,000 US gallons (1,400,000 litres; 310,000 imperial gallons) of potable water into affected areas.[18] The unaffected city water departments in Milton and Hurricane and the Putnam Public Service District in Scott Depot provided their water for free to area residents, and attempted to minimize confusion, as their systems were not affected by the West Virginia American Water system's tap water ban.[15]

Booth Goodwin, United States Attorney for the United States District Court for the Southern District of West Virginia commenced a formal "investigation into the circumstances surrounding the release."[3][10] Goodwin stated that a "negligent release of this kind could be a criminal violation."[13] On January 10, Kanawha County Commission President Kent Carper announced plans to request that the U.S. Chemical Safety and Hazard Investigation Board investigate the incident.[17] CSB officials were in the process of reviewing information about the spill and planned to make a decision to deploy to the Charleston area by January 11.[17] On January 11, CSB officials announced they were to arrive in Charleston on January 13 to begin their investigation.[18] The Occupational Safety and Health Administration also opened its own investigation of the incident.[11]

The Environmental Protection Agency had found no violations and had not taken enforcement actions against the Freedom Industries Charleston facility within the last five years.[3][13] Following the spill, the West Virginia Department of Environmental Protection issued a violation notice on January 10 to Freedom Industries for releasing MCHM into the air and violating West Virginia's Air Pollution Control Act and the Water Pollution Control Act, and it subsequently ordered that its Charleston facility's 11 other tanks be emptied and the chemicals moved off site.[3][11][13][16] By the night of January 9, the West Virginia National Guard began testing the contaminated water in the Elk River.[19] The National Guard utilized its own lab, in addition to labs from DuPont and the West Virginia Department of Health and Human Resources.[19] The National Guard also requested two additional labs to expedite the water testing process.[19] West Virginia American Water coordinated with DuPont and the United States Army Corps of Engineers to determine the contamination level within its system.[13] A total of four labs were setup to continue testing the amount of the chemical remaining in the water.[18]

Threat to human health

The chemical released was "crude MCHM," which was intended for use as a foaming/wash agent to aid in the processing of coal.[10] The chemical smells sweet and is similar in scent to licorice.[3] According to the American Association of Poison Control Centers, if consumed the chemical may provoke the following symptoms: nausea, vomiting, dizziness, headaches, diarrhea, reddened/burning skin and/or eyes, itching, and rashes.[10][20] The American Conference of Governmental Industrial Hygienists stated that MCHM caused headaches, eye and skin irritation, and difficulty breathing from prolonged exposures at high concentrations.[3] Routes of exposure to MCHM include inhalation, dermal contact, and ingestion.[9] According to the Hazardous Substances Data Bank of the U.S. National Library of Medicine Toxicology Data Network (Toxnet), exposure to MCHM vapors, particularly prolonged exposure and exposure at excessive concentrations, can produce irritation to eyes, skin, upper respiratory tract, and mucous membranes; skin rash, and headache.[9] "High exposures from skin contact or inhalation may cause damage to the heart, liver, kidneys, and lungs, and may result in death."[9]

Both health and company officials have stated the chemical consumption is not known to be fatal, even if consumed in its purest form. The chemical leaked was highly diluted due to the large amount of water involved, however, due to the potential health effects, authorities advised over 300,000 residents in surrounding communities to avoid utilizing the water for cooking, drinking, or bathing.[10] Because shipment of MCHM is not regulated by the United States Department of Transportation, it was not being considered "hazardous" by emergency response and environmental protection officials.[20] However, under the regulatory standards of the Occupational Safety and Health Administration, MCHM is considered "hazardous."[20] The chemical's manufacturer, Eastman Chemical Company, identified it as a "skin irritant that could be potentially harmful if ingested."[4]

The median lethal dose of MCHM is 825 milligrams per kilogram.[20]

Environmental impact and cleanup

The president of West Virginia American Water stated that his company was not aware of a treatment to remove the chemical from its system.[17] Because of this, West Virginia American Water began flushing miles of lines within its Charleston area water system, although as of January 11, there was no timetable as to when its system would be safe for area residents to use.[12][17] West Virginia American Water's engineers began adding additional carbon and other chemicals to speed the treatment process and move the contaminated water out of its water distribution system.[12]

Michael Dorsey, Chief of the West Virginia Department of Environmental Protection's Homeland Security and Emergency Response stated that tests conducted on water samples taken on the night of January 9–10 showed the concentration of MCHM had decreased from 2 parts per million to 1.7 parts per million.[5][19] That finding remained above the 1 part per million recommended by the Centers for Disease Control and Prevention as "acceptable."[5][19] The West Virginia National Guard continued to test the water every hour[5][14] and its teams worked overnight between January 9 and January 10 to perform tests and report results on both inflow and outflow samples of the Elk River's water.[5] Each test took approximately 46 minutes.[5]

The chemical's manufacturer, Eastman Chemical Company, maintains that when MCHM is diluted, the compound does not have adverse effects on the aquatic environment.[4] As of 2008, the Elk River serves as the sole remaining habitat for the diamond darter (Crystallaria cincotta).[21] On July 26, 2013, the United States Fish and Wildlife Service formally designated the diamond darter as an endangered species under the Endangered Species Act of 1973.[22][23] The potential risk of the chemical spill to the diamond darter has not been reported.

Resulting closures

The West Virginia Legislature and the Supreme Court of Appeals of West Virginia at the West Virginia State Capitol (pictured) cancelled sessions on January 9, following the tap water ban.

As a result of West Virginia American Water's notice that the tap water was unsafe following the spill, Charleston area businesses were shuttered and hospitals took emergency measures to conserve water.[13] School systems within the affected eight counties were also closed.[5] Charleston area residents scrambled to nearby stores to stock up on available bottled and packaged water.[13] The West Virginia Legislature, which had reconvened following its winter break, cancelled its business on January 9.[10] On January 9, the Supreme Court of Appeals of West Virginia in Charleston and the courts in Boone and Lincoln counties were closed.[13] West Virginia State University in Institute also cancelled its classes for the duration of the tap water outage.[13]

Because of the lack of potable water, Charleston cancelled a convention of mayors and city council members from around the state of West Virginia, which had been scheduled to begin on January 13.[10]

Litigation

As of January 10, the day following the chemical spill from Freedom Industries' Charleston facility, at least eight lawsuits had been filed against the chemical company.[24] The lawsuits were filed on behalf of Charleston area businesses forced to shutter during the resulting state of emergency and on behalf of all West Virginia American Water customers.[24] The plaintiffs have asked to be granted class action status and are seeking punitive damages and compensation for lost profits during the state of emergency.[24] A further lawsuit was filed against Freedom Industries and West Virginia American Water on January 10 by a patient whose kidney transplant was cancelled due to the water outage.[13]

References

  1. ^ a b c d e f g Gutman, David (January 10, 2014). "Freedom Industries execs are longtime colleagues". The Charleston Gazette. Retrieved January 10, 2014.
  2. ^ "Georgia-Pacific Launches Talon(TM) Mining Reagents at Coal Prep 2008 to Help Coal Companies Meet Growing Global Demand". PR Newswire. April 29, 2008. Retrieved January 10, 2014.
  3. ^ a b c d e f g h i j k l m Gabriel, Trip (January 10, 2014). "Thousands Without Water After Spill in West Virginia". The New York Times. Retrieved January 10, 2014.
  4. ^ a b c d Swan, Noelle (January 10, 2014). "W.Va. chemical spill: Is more regulation needed for toxic substances?". The Christian Science Monitor. Retrieved January 10, 2014.
  5. ^ a b c d e f g h i j k Pritt, Pamela (January 11, 2014). "Cleaning chemical spill". Bluefield Daily Telegraph. Retrieved January 11, 2014.
  6. ^ a b c Ward, Jr., Ken (January 11, 2014). "Why wasn't there a plan?: Key players knew of potential for Elk River spill". The Charleston Gazette. Retrieved January 11, 2014.
  7. ^ Perkin, William Henry; Pope, William Jackson (1908). "CIX.—Experiments on the synthesis of 1-methylcyclo-hexylidene-4-acetic acid, [graphic omitted]. Part I". Journal of the Chemical Society, Transactions. 93: 1075–85. doi:10.1039/CT9089301075.
  8. ^ Southall, Ashley (January 10, 2014). "Chemical Spill Fouls Water in West Virginia". The New York Times. Retrieved January 11, 2014.
  9. ^ a b c d "Methylcyclohexanol". Hazardous Substances Data Bank, Toxicology Data Network. United States National Library of Medicine. Retrieved 11 January 2014.
  10. ^ a b c d e f g h i j k l m n o p q r s Bernstein, Lenny (January 10, 2014). "Chemical spill into W.Va. river spurs closures, run on bottled water". The Washington Post. Retrieved January 11, 2014.
  11. ^ a b c d e f g h Raby, John (January 11, 2014). "4 Hospitalized in W. Va. After Chemical Spill". Associated Press. Retrieved January 11, 2014.
  12. ^ a b c d e f g h Howard, Brian Clark (January 10, 2014). "What's the Chemical Behind West Virginia's River Spill?: Spill in the Elk River brings a "do not drink" advisory". National Geographic. Retrieved January 10, 2014.
  13. ^ a b c d e f g h i j k l m n o p q r s t Botelho, Greg; Watkins, Tom (January 11, 2014). "Bottled water for West Virginia residents plagued by chemical in water supply". CNN.com. Retrieved January 11, 2014.
  14. ^ a b c d e f Jonsson, Patrik (January 11, 2014). "West Virginia chemical spill: Does it threaten clean water gains?". The Christian Science Monitor. Retrieved January 11, 2014.
  15. ^ a b c Johnson, Curtis (January 10, 2014). "Spill affects some local areas". The Herald-Dispatch. Retrieved January 11, 2014.
  16. ^ a b c Ward, Jr., Ken (January 10, 2014). "Freedom Industries cited for Elk chemical spill". The Charleston Gazette. Retrieved January 11, 2014.
  17. ^ a b c d e f g Ward, Jr., Ken; Gutman, David (January 10, 2014). "300K lack water in Southern W.Va.: There's still no timeline for getting the taps back on". The Charleston Gazette. Retrieved January 10, 2014.
  18. ^ a b c d e f Heyman, Daniel; Fitzsimmons, Emma C. (January 11, 2014). "The Wait Continues for Safe Tap Water in West Virginia". The New York Times. Retrieved January 11, 2014.
  19. ^ a b c d e Burdette, Whitney (January 10, 2014). "Water situation improving". Charleston Daily Mail. Retrieved January 10, 2014.
  20. ^ a b c d Ward, Jr., Ken (January 10, 2014). "What is 'Crude MCHM'? Few know". The Charleston Gazette. Retrieved January 10, 2014.
  21. ^ "Crystallaria cincotta, a new species of darter (Teleostei: Percidae) from the Elk River of the Ohio River drainage, West Virginia" (PDF). ZOOTAXA ISSN 1175-5334 (online edition) (1680 (2008)). Magnolia Press: 62–68. January 14, 2008. Retrieved January 11, 2014. {{cite journal}}: Unknown parameter |authors= ignored (help)
  22. ^ United States Fish and Wildlife Service (July 26, 2013). "Endangered and Threatened Wildlife and Plants; Endangered Species Status for Diamond Darter". Federal Register. United States Government Printing Office. Retrieved January 11, 2014.
  23. ^ Young-Grindle, Ramona (July 31, 2013). "'Desperate' Fish Gets Protection". Courthouse News Service. Retrieved January 11, 2014.
  24. ^ a b c White, Kate (January 10, 2014). "Chemical, water companies quickly face lawsuits". The Charleston Gazette. Retrieved January 10, 2014.
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